The Centers for Medicare and Medicaid Services have cited The Grove of Berwyn based on interview and record review and has determined that the facility failed to protect a cognitively impaired resident from assault from another resident with a history of violent behavior.
The injured resident was admitted to the facility in February of 2023 with a diagnosis of dementia. In April of 2023 another resident with a history of violent and criminal behavior that had often led to the requirement of restraints and security watch was allowed to walk unsupervised into another resident’s room and assaulted her.
The assault resulted in the attacked resident falling to the ground with injuries after being violently pushed. The injured resident was emergently transferred to the hospital for care that included repair of a fractured femur requiring surgical intervention and pain management.
Upon interview of staff, the Grove of Berwyn LPN stated she did not actually see the fall, she saw the resident when she was already on the ground and that she called paramedics. When asked if she was aware of either resident having a record of a violent past, she stated “I did not, I don’t normally work here. No one told me anything about violent behavior and whether either resident should be monitored. I am from an agency and haven’t worked there since the incident.”
Progress notes contradict this interview and read “Patient was in another resident’s room when the resident pushed a patient in her back to get her out of her room. Patient landed on her knees and then laid on the floor and turned her left arm while lying on the floor and sustained abrasion to left elbow, cleaned and dry. 911 called.” Staff will continue to monitor for aggression.
The facility policy titled Abuse and Neglect reads in part: “It is the policy of the facility to provide professional care and services in an environment that is free from any type of abuse, corporal punishment, misappropriation of property, exploitation, neglect, or mistreatment”. Based on the interviews, The Grove of Berwyn was cited for a failure to follow their policy and procedure for admissions by not ensuring the resident was protected from the resident that posed a known risk.
Failing to protect residents from injury and abuse and treat them with respect is all too commonplace in the nursing home setting. (See here, here, and here for examples). This is most often caused by an understaffed nursing home, the utilization of temporary employees that are not informed appropriately about resident needs, and lack of proper monitoring of residents.
Unfortunately, ignoring regulations and failing to relay important information to new and existing staff regarding safety measures is the standard level of care for many nursing homes. One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents are the inevitable result. Order our FREE report, Built to Fail, to learn more about why. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.
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